Smith v. Sacramento County Sheriff's Department Rio Cosumnes Correctional Center

Filing 5

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/7/2012 ORDERING that this action be assigned to a District Judge; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 14 days.. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH SMITH,

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Plaintiff,

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No. CIV S-11-3020 DAD P

vs.
SACRAMENTO COUNTY
SHERIFF’S DEP’T,

ORDER AND

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Defendants.
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FINDINGS & RECOMMENDATIONS
/

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By order filed March 29, 2012, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. The thirty day period has now expired, and

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plaintiff has not filed an amended complaint or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that this action be assigned to a District
Judge.
Also, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: May 7, 2012.

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DAD:4
smi3020

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